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(영문) 서울중앙지방법원 2016.10.13 2016고합521
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The instant facts charged [transaction Structure] The Defendant is the representative director of Gangnam-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter, “Co., Ltd.”)’s trade name.

D and Egypt entered into a sales contract for gift certificates with the following terms on December 17, 2013.

1.D shall purchase a new global merchandise coupon from Eart and provide the merchandise coupon purchased in the form of a mobile exchange right to D customers.

2.D customers shall exchange for merchandise coupons the amount stated in the mobile exchange tickets at Earart gift certificates.

3.Ear shall notify D of the particulars exchanged by D customer as merchandise coupons at the merchandise coupon shop from the first day of each month to the last day of the following month and request D to pay that amount.

4. D shall pay the relevant amount in cash to the account designated by the Eart by no later than the 27th day of the relevant month, where there is no error after verifying the details of the claim;

And D, on December 19, 2013, sent the mobile exchange right equivalent to KRW 1.50,000,000 per share of the National Card member and D, purchased from EB National Card member, the KB signed a business partnership agreement that pays KRW 142,80,00 per share of the national card to D.

【Criminal Facts】

The Defendant used national card customers' private events and paid the Defendant's existing debt from the national card on the 10th day of each month, and made a so-called "fluorative transaction" to pay the gift certificates claimed by Empt with money from the bond company, etc. The Defendant had no intent or ability to pay the amount even if he/she is supplied with the gift certificates from Empt due to the continuous increase in the debt with interest accumulation.

Nevertheless, the Defendant made a false statement to the effect that, on November 2014, the Defendant would pay for the gift certificates if he/she would supply the gift certificates to the Lee Ein in his/her name.

The defendant is from Empt to November 1, 2014 to June 30, 2015.

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